Walton v. Walton

LEHAN, Judge.

We reverse the trial court’s order denying to the ex-wife any attorney’s fees and costs incurred in defending against the ex-husband’s unsuccessful post-dissolution effort to obtain custody of their minor child.

The husband’s income, which is shown to substantially exceed his expenses, is approximately four times that of the wife, which is not shown to exceed her expenses. Nor are the wife’s assets shown for present purposes to be substantial or of a value greater than those of the husband. Even if in this kind of proceeding, as the husband argues and we need not decide but are…